Evidence, Record-Making, and the Limits of Testimonial Substitution Courts, lawyers, and commissioners in child custody and parent-time disputes often operate on an unspoken assumption: that the only acceptable way to…
Utah law requires domestic violence protective orders to be supported by a preponderance of the evidence. Increasingly, courts are not applying that standard. Instead, they substitute an unwritten “better safe than…
A Utah divorce hearing is limited by the motion before the court, the relief requested, and the evidence properly noticed and submitted. If an issue is not teed up procedurally…
“Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.” (Benjamin Franklin) It is undeniable that courts frequently take a "better safe…
In re adoption of D.K.A.T. - 2024 UT App 145 THE UTAH COURT OF APPEALS In re adoption of D.K.A.T. - 2024 UT App 145 IN THE MATTER OF THE…
When a PGAL (private guardian ad litem) is appointed to represent children in a child custody dispute in a Utah divorce case, it would sure be good to know what…
Your spouse must be served with the summons and divorce complaint or petition before the case can proceed. In my jurisdiction (as I believe it to be the case in…
2022 UT 43 IN THE SUPREME COURT OF THE STATE OF UTAH RYAN CLYDE KINGSTON, Appellant, v. JESSICA BENNY KINGSTON, Appellee. No. 20200350 Heard April 11, 2022 Filed __ On…
By Quinton Lister, legal assistant I am still new at my job. I have only been a legal assistant since Summer of 2021, but I know for myself that I…